District of Columbia Finalizes Revised Green Building Rules
We reported on the Notice of Proposed Rulemaking issues by the DC District Department of the Environment which proposed to enact revised Green Building Rules. The DDOE received no comments on the new proposed rules. Therefore, the rules are now deemed in effect.
As a reminder, the new rules provide for a 30 day expedited plan review, a Green Building Requirement Checklist, a preliminary plan review and final plan review of the design, prior to construction commencing, to ensure that the checklist is being followed. Further, in order to require actual Green Building certification (from the USGBC or other organization), a developer will loose its performance bond if certification is not met.
SECTION 1301A GENERAL
1301.1 Scope. Pursuant to D.C. Law 16-234, the Green Building Act of 2006 Effective March 8, 2007, D.C. Official Code § 6-1451.01 et seq., ("Green Building Act"), to promote the adoption of green building practices in the District of Columbia, applicants for certification of their Green Building Designs by an entity designated by the District Department of the Environment ("DDOE"), may, at cost, participate in the District's Preliminary Design Review Program ("PDRP") and qualify for a 30-business day expedited plans review (the "Expedited Green Building Permit Process"), provided that the requirements set forth in the Green Building Act and this Section 1301 are met.
Note: Expedited processing commences upon DCRA acceptance of an application requesting expedited plans review, provided that, if DCRA should determine that corrections to the plans are required, the 30-business day review period will recommence upon when the applicant resubmits corrected plans.
1301.2 Requirements. In order to participate in the PDRP and expedited plans review, applicants must meet the following Green Building Promotion requirements:
1301.2.1 Persons or entities desiring to participate in the Expedited Green Building Permit Process must submit a building permit application to DCRA, requesting participation in the Process and complete such green building intake forms or other forms as may be specified by the code official. In addition, the applicant must register with the United States Green Building Council (USGBC) or an equivalent green building certifying entity as determined by DDOE (the "Certifying Entity").
1301.2.2 After application acceptance by DCRA, applicants shall meet with DCRA/DDOE in order to discuss the project, to determine design review approval requirements, and to develop a DCRA/DDOE Green Building Requirements Checklist for "Preliminary Review" and "Final Review."
1301.2.2.1 "Preliminary Review" shall occur at approximately the 30% design completion point.
1301.2.2.2 "Final Review" shall occur at approximately the 85% design completion point.
1301.2.2.3 Prior to Preliminary Review and Final Review, the applicant shall attend an initial and final Preliminary Design Review Meeting ("PDRM"), that may include the participation of DCRA, DDOE, the Water and Sewer Authority ("WASA") and the District Department of [*10565] Transportation ("DDOT") or other appropriate agencies as identified in the design review approval requirements, and comply with general guidance, recommendations and documented requirements provided at the initial and final PDRM. The applicant may request additional PDRMs as needed.
1301.2.2.4 The Preliminary Review and Final Review shall be conducted by DCRA/DDOE,
1301.2.3 Prior to Preliminary Review, the applicant shall file any documentation required by the District of Columbia Environmental Policy Act ("DCEPA"), effective October 18, 1989 (D.C. Law 8-36; D.C. Official Code § 8-109.01 et seq. or the regulations promulgated thereto (20 DCMR § 7200.1) (e.g. the Environmental Impact Statement Form ("EISF") or request for exemption) and post a performance bond (or letter of credit or escrow account) pursuant to Section 6 of the Green Building Act, D.C. Official Code §6-1451.05.
1301.2.4. Upon or before construction completion, the permit holder (whose permit has been obtained pursuant to the Expedited Green Building Permit Process) must apply to the Certifying Entity for "certification" of its compliance with the Green Building Act.
1301.2.5 If green building verification is not obtained in accordance with the requirements of D.C. Official Code § 6-1451.05, all or part of the performance bond shall be forfeited as provided in D.C. Official Code § 6-1451.05(g) and (h).
